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Rebecca J. Denman, M.D. v. St. Vincent Medical Group, Inc., St. Vincent Carmel Hospital, Inc.
20A-PL-1236
Civil plenary. Affirms the denial of a directed verdict to St. Vincent Medical Group and St. Vincent Carmel Hospital in a defamation case brought by Dr. Rebecca Denman, and the denial of Denman’s request to amend the judgment. Reverses the remitter of damages. Finds the Indiana Supreme Court’s emergency orders did not toll the accrual of post-judgment interest. Remands to recalculate the prejudgment interest award based on a $4.75 million verdict, which award shall accrue post-judgment interest beginning June 19, 2020. Also remands to recalculate post-judgment interest pursuant to statute.
Trayshaun Pernell v. State of Indiana (mem. dec.)
20A-PC-1373
Post-conviction. Affirms the denial of Trayshaun Pernell’s post-conviction relief petition. Finds the post-conviction court did not err.
Jason Reeves v. State of Indiana (mem. dec.)
20A-PC-2025
Post-conviction. Affirms the denial of Jason Reeves’ petition for post-conviction relief. Finds Reeves was not denied effective assistance of trial counsel. Also finds that newly discovered evidence does not necessitate a new trial.
Kelsey McManus v. Ryan Montgomery (mem. dec.)
21A-DC-337
Domestic relations with children. Affirms and remands the Vanderburgh Superior Court’s order addressing, among other things, multiple contempt petitions filed by mother Kelsey McManus against father Ryan Montgomery and Father’s petition to modify custody of their child, C.M. Finds no abuse of the trial court’s discretion when it denied Mother’s request to find Father in contempt for failing to pay the $10,000 settlement as ordered in the dissolution decree. Remands for clarification upon finding it unclear which debt Father paid with those monthly installments. Also finds no abuse of discretion in modifying primary physical custody to Father, which is in the child’s best interests.
In Re: The Termination of the Parent-Child Relationship of L.I., J.I., H.I., and S.I. (Minor Children); B.I. (Mother) and A.B. (Father of L.I., J.I., and H.I.) v. The Indiana Department of Child Services (mem. dec.)
21A-JT-491
Juvenile termination of parental rights. Affirms the termination of parent-child relationships for mother B.I. and father A.B. with their children, H.I., J.I. and L.I., and the termination of mother’s parent-child relationship with S.I. Finds neither parent was denied due process. Also finds sufficient evidence to support the terminations.
Scott J. Bastin and Jennifer L. Bastin v. Jaqueliandra V. McClard (mem. dec.)
21A-CT-558
Civil tort. Affirms the Marion Superior Court’s grant of summary judgment in favor of Jaqueliandra McClard after Scott Bastin and his wife sued her and others following a multi-vehicle accident at the north split intersection of Interstate Highways 65 and 70 that left Scott paralyzed from the waist down. Finds the Bastins have failed to demonstrate a dispute of material fact as to whether McClard breached her duty of care. Also finds the trial court did not err in granting judgment on Scott’s negligence claim. Finally, finds McClard was entitled to summary judgment on the dependent claim for loss of spousal consortium.
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